EMPLOYER DISCRIMINATION; DEFENSES – Other

Single Topic for Decision 1970H


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505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.13000 – Other

Employer may rebut inference of unlawful motive by showing it would have taken the same action had the employee not engaged in protected activity. While employer had legitimate reasons for modifying job description and ranking applicant last among four candidates, employer failed to establish that it would have taken these same actions had applicant not engaged in protected activity when he held the position as a temporary appointee.